RASHID versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Rashid v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17195 of 2006 [2006] RD-AH 14329 (24 August 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Rashid   indicted in case crime No. 889  of 2006  under sections  18/20 N.D.P.S. Act P.S. Thakurdwara  District Moradabad. .

Heard Shri Mohit Singh , learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that five kg. Poppy straw is said to have been recovered from the possession of the applicant. According to learned counsel compliance of provisions of sections 42, 50, and 57 of N.D.P.S. Act was not made and there are no public witnesses to the recovery.

The learned A.G.A. argued that there is criminal history of the applicant under section 4/25 Arms Act and recovery of Poppy straw more than small quantity was made from his possession.

I have taken into consideration the submissions advanced on behalf of both the parties.

The quantity of recovered Poppy straw is less than commercial quantity. There is no criminal history of the applicant of the N.D.P.S. Act. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Rashid   indicted in case crime No. 889  of 2006  under sections  18/20 N.D.P.S. Act P.S. Thakurdwara District Moradabad,  be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/17195/06

24.8.2006

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